Selanjutnya
ARRANGEMENT
ON THE
JOINT INDONESIA-AUSTRALIA CIVIL AVIATION SECURITY
CAPACITY BUILDING PROJECT
I.
PURPOSE
1. This Arrangement expresses the specific understandings of the aeronautical authorities
of the Government of the Republic of Indonesia (the
and the aeronautical authorities
of the Government of Australia (the "GOA"), hereinafter referred to as the "Parties", on civil
aviation security and on the implementation of the Joint Indonesia-Australia Civil Aviation
Security Capacity Building Project,
referred to as the"Project". This Arrangement
is pursuant to the 2000 Memorandum of Understanding Between the Government of
Australia and the Government of the Republic of Indonesia on Cooperation in the Transport
Sector.
CONSIDERATION
2. In this Arrangement the Australian and Indonesian aeronautical authorities consider
that:
the adoption by them of the internationally-accepted civil aviation security Standards
and Recommended Practices, as set out in Annex 17 of the Convention on International
Civil Aviation (hereinafterreferred as Annex 17) and promulgated from time to time by
the International Civil Aviation Organisation (ICAO), is fundamental to the operation
of safe and secure air transport between Australia and Indonesia;
effective civil aviation security safe-guards international civil aviation against acts of
unlawful interference and other
of trans-national crime,
the risk of
immediate and potentially devastating consequences, economically and socially, of an
unlawful interferenceor other criminal activity;
investment in travel security maintains an environment in which trade and tourism may
be conducted without hindrance, thereby helping exports to expand, tourism and
investment to grow, and standards of living to increase; and
effective civil aviation security contributes to confidence in the reliability, regularity
and efficiency of the civil aviation and tourism industries.
3. For the purpose of implementing this project and based on funding as stated in this
Arrangement, the Government of the Republic of Indonesia will exempt the Government of
Australia, its employees or contractors engaged on this Project from any taxes, tariffs, duties,
fees or other levies, in accordance with the applicable laws and regulations.
CLAIMS
The Government of Australia, its employees or contractors engaged on this Project will
at all times undertake their duties in accordance with Indonesian laws and regulations.
4.
The Government of the Republic of Indonesia will be responsible for dealing with any
claims which may be brought by third parties against the Government of Australia, its
employees or contractors engaged on this Project and will hold harmless the Government of
Australia, its employees or contractors engaged on this Project in case of any claims or
this Arrangement. This provision will not relieve any person or
liabilities resulting
entity from liability
a criminal act, gross negligence, or wilful misconduct on the part of
that person or entity.
5.
V.
SCOPE
6. This Arrangement sets out areas for assistance and cooperation between Australia and
Indonesia in implementing the Joint Indonesia-Australia Civil Aviation Security Capacity
Building Project. The Project is designed to provide mutual benefit by:
enhancing Indonesian travel security,
improving governance of Indonesian civil aviation security,
strengthening airport control systems and capabilities, and
enhancing the partnership between Australian and Indonesian authorities.
PROJECT GOAL
7.
The goal of the Project is to improve civil aviation security in Indonesia, by
strengthening:
the capacity of the Directorate General of Civil Aviation to meet the Standards
and Recommended Practices set out in Annex 17, and
the capacity of key agencies in the development, implementation and
management of civil aviation security at
(Jakarta) International
Rai
International Airport.
Airport and
8.
The Project will assist with four major outcomes for the GOI:
(a)
reduction in security risks
airport facilities;
(b)
Annex 17 compliant airport security policies, plans and practices in Indonesia;
(c)
skills transfer to
acts of unlawful interference or other incidents at
counterparts in airport security planning and practice; and
-3(d)
sustainable implementation, quality assurance and support for the national civil aviation
security framework.
VII. PROJECT DESIGN
9.
The Project will be implemented as outlined in the attached Project Design Document
for the Joint Indonesia-Australia Civil Aviation Security Capacity Building Project, dated 17
July 2004.
VIII. FUNDING
10.
The total estimated contribution of the GOA is up to A$1 ,000,000.
IX.
IMPLEMENTATION
11. The Project will be implemented over a two year period, from the commencement of
this Arrangement.
12. The Directorate General of Civil Aviation (DGCA), Ministry of Communications will
be the Executing Authority on behalf of the aeronautical authorities of the GOL
13. The Department of Transport and Regional Services (DOTARS) will be the Executing
Authority on behalf of the aeronautical authorities of the GOA
14. The Executing Authorities will nominate suitably qualified agents to undertake any part
of their functions on their behalf.
15. A Project Coordinating Committee (PCC) comprising representatives of the Executing
Authorities will facilitate the implementation of the Project. The PCC will assess progress
and performance, and provide policy and planning direction to the Project. The members of
the PCC will consist of representatives of the DGCA, DOTARS and AusAID. The Director
General of Civil Aviation of Indonesia, or his/her nominated representative, will chair the
PCC. DOTARS, either directly or through its nominated representative in the Australian
Embassy in Jakarta, will act as secretariat to the PCC. The airport operating companies at
Jakarta and Denpasar airports may attend meetings of the PCC as observers. The DGCA, the
airport companies, DOTARS and AusAID may nominate duly authorised representatives to
attend PCC meetings and act on their behalf.
16. Day-to-day project management may be vested by DOTARS in a Project Manager,
contracted by it, in consultation with a DGCA nominated representative, acting together as
counterparts to ensure the Project is successful.
17. The GOI and the GOA will provide respective inputs as defined in the Project Design
Document, and as set out below and as additionally determined by the PCC.
18.
Inputs provided by the GOA will include, but will not be limited to:
(a)
qualified counterpart advisers and trainers;
(b)
personnel for training workshops, seminars and meetings as required in order to meet
Project requirements set out in the Project Design or determined by the PCC;
(c)
a supporting budget to enable the Australian advisers and trainers to deliver the
program of assistance effectively;
-4-
(d)
travel, accommodation costs and allowances associated with any agreed international
travel, vehicle rental, communications, and any office equipment for GOA personnel
associated with the Project where needed; and
(e)
international travel and accommodation costs for GOI personnel required to travel to
Australia as part of exchange visits agreed under the Project by the PCC.
19.
Inputs provided by the GOI will include, but will not be limited to:
(a)
office space for the Australian advisers to work and basic office equipment;
(b)
assistance with consultations and negotiations;
(c)
assistance with monitoring and evaluation;
(d) reasonable availability of, and access to, existing Civil Aviation Security staff
including their release to participate in project-related activities to allow the Project to
progress smoothly;
(e) reasonable access to office equipment should the Australian inputs not cover all
requirements at peak times;
(£) transport and accommodation costs for participants to attend training courses or
workshops in Jakarta or Denpasar;
(g)
venues for meetings and training courses/workshops; and
(h)
salaries of all GOI personnel associated with the Project.
20. The GOA will meet the costs of salaries, domestic and international travel,
accommodation. vehicle rental and other associated costs of advisers, experts, managers and
training officers selected by it as part of its contribution to the Project.
21 .
The PCC will review any further inputs and decide on apportionment at the time.
22. Equipment supplied under the Project will not be moved to any other locality without
the prior mutual written approval of both executing authorities.
X.
PROJECT REVIEW AND CONSULTATION
23.
Project reviews may be conducted as mutually determined by the two parties.
24. Recognising the obligation of both executing authorities to report periodically on the
Project, both executing authorities will provide reasonable access to information for the
implementation of this Arrangement.
25. The DGCA will acknowledge Australian Government funding of this Project where
appropriate, and advise DOTARS and AusAID of matters relating to any public and media
relations in respect of the Project.
XI.
SETILEMENT OF DIFFERENCES
26. The DGCA, as the executing authority for the GOI and DOTARS, as the executing
authority for the GOA, will not assign their interest in this Arrangement without first
obtaining the consent in writing from each party.
-527. Any differences which may arise relating to the interpretation and application of the
provision of this Arrangement will be settled by means of amicable negotiation and
consultation between the Government of the Republic of Indonesia and the Government of
Australia.
XII. AMENDMENT
28. This Arrangement may be amended at any time by mutual consent of the Parties
including, not limited to, changes to the specific activities and project areas and the
designation of Executing Authorities.
XIII. ENTRY INTO EFFECT, DURATION AND TERMINATION
29. This Arrangement will take effect on the date of signature and will remain in effect for
a period of two years, unless otherwise determined by both Parties.
30. Either Party may terminate this Arrangement by giving the other Party 3 (three) months
written notice of its intention to terminate.
31. The termination of the present Arrangement will not effect the execution of project
activities until their completion.
Signed at Canberra on this the 4th day of April, 2005, in duplicate in the English language.
FOR THE GOVERNMENT OF THE
FOR THE GOVERNMENT OF
REPUBLIC OF INDONESIA
AUSTRALIA
Signed
Signed
CUCUK SURYO SUPROJO
MIKEMRDAK
DIRECTOR GENERAL OF CIVIL
AVIATION
DEPUTY SECRETARY
MINISTRY OF COMMUNICATIONS
DEPARTMENT OF TRANSPORT
AND REGIONAL SERVICES
ON THE
JOINT INDONESIA-AUSTRALIA CIVIL AVIATION SECURITY
CAPACITY BUILDING PROJECT
I.
PURPOSE
1. This Arrangement expresses the specific understandings of the aeronautical authorities
of the Government of the Republic of Indonesia (the
and the aeronautical authorities
of the Government of Australia (the "GOA"), hereinafter referred to as the "Parties", on civil
aviation security and on the implementation of the Joint Indonesia-Australia Civil Aviation
Security Capacity Building Project,
referred to as the"Project". This Arrangement
is pursuant to the 2000 Memorandum of Understanding Between the Government of
Australia and the Government of the Republic of Indonesia on Cooperation in the Transport
Sector.
CONSIDERATION
2. In this Arrangement the Australian and Indonesian aeronautical authorities consider
that:
the adoption by them of the internationally-accepted civil aviation security Standards
and Recommended Practices, as set out in Annex 17 of the Convention on International
Civil Aviation (hereinafterreferred as Annex 17) and promulgated from time to time by
the International Civil Aviation Organisation (ICAO), is fundamental to the operation
of safe and secure air transport between Australia and Indonesia;
effective civil aviation security safe-guards international civil aviation against acts of
unlawful interference and other
of trans-national crime,
the risk of
immediate and potentially devastating consequences, economically and socially, of an
unlawful interferenceor other criminal activity;
investment in travel security maintains an environment in which trade and tourism may
be conducted without hindrance, thereby helping exports to expand, tourism and
investment to grow, and standards of living to increase; and
effective civil aviation security contributes to confidence in the reliability, regularity
and efficiency of the civil aviation and tourism industries.
3. For the purpose of implementing this project and based on funding as stated in this
Arrangement, the Government of the Republic of Indonesia will exempt the Government of
Australia, its employees or contractors engaged on this Project from any taxes, tariffs, duties,
fees or other levies, in accordance with the applicable laws and regulations.
CLAIMS
The Government of Australia, its employees or contractors engaged on this Project will
at all times undertake their duties in accordance with Indonesian laws and regulations.
4.
The Government of the Republic of Indonesia will be responsible for dealing with any
claims which may be brought by third parties against the Government of Australia, its
employees or contractors engaged on this Project and will hold harmless the Government of
Australia, its employees or contractors engaged on this Project in case of any claims or
this Arrangement. This provision will not relieve any person or
liabilities resulting
entity from liability
a criminal act, gross negligence, or wilful misconduct on the part of
that person or entity.
5.
V.
SCOPE
6. This Arrangement sets out areas for assistance and cooperation between Australia and
Indonesia in implementing the Joint Indonesia-Australia Civil Aviation Security Capacity
Building Project. The Project is designed to provide mutual benefit by:
enhancing Indonesian travel security,
improving governance of Indonesian civil aviation security,
strengthening airport control systems and capabilities, and
enhancing the partnership between Australian and Indonesian authorities.
PROJECT GOAL
7.
The goal of the Project is to improve civil aviation security in Indonesia, by
strengthening:
the capacity of the Directorate General of Civil Aviation to meet the Standards
and Recommended Practices set out in Annex 17, and
the capacity of key agencies in the development, implementation and
management of civil aviation security at
(Jakarta) International
Rai
International Airport.
Airport and
8.
The Project will assist with four major outcomes for the GOI:
(a)
reduction in security risks
airport facilities;
(b)
Annex 17 compliant airport security policies, plans and practices in Indonesia;
(c)
skills transfer to
acts of unlawful interference or other incidents at
counterparts in airport security planning and practice; and
-3(d)
sustainable implementation, quality assurance and support for the national civil aviation
security framework.
VII. PROJECT DESIGN
9.
The Project will be implemented as outlined in the attached Project Design Document
for the Joint Indonesia-Australia Civil Aviation Security Capacity Building Project, dated 17
July 2004.
VIII. FUNDING
10.
The total estimated contribution of the GOA is up to A$1 ,000,000.
IX.
IMPLEMENTATION
11. The Project will be implemented over a two year period, from the commencement of
this Arrangement.
12. The Directorate General of Civil Aviation (DGCA), Ministry of Communications will
be the Executing Authority on behalf of the aeronautical authorities of the GOL
13. The Department of Transport and Regional Services (DOTARS) will be the Executing
Authority on behalf of the aeronautical authorities of the GOA
14. The Executing Authorities will nominate suitably qualified agents to undertake any part
of their functions on their behalf.
15. A Project Coordinating Committee (PCC) comprising representatives of the Executing
Authorities will facilitate the implementation of the Project. The PCC will assess progress
and performance, and provide policy and planning direction to the Project. The members of
the PCC will consist of representatives of the DGCA, DOTARS and AusAID. The Director
General of Civil Aviation of Indonesia, or his/her nominated representative, will chair the
PCC. DOTARS, either directly or through its nominated representative in the Australian
Embassy in Jakarta, will act as secretariat to the PCC. The airport operating companies at
Jakarta and Denpasar airports may attend meetings of the PCC as observers. The DGCA, the
airport companies, DOTARS and AusAID may nominate duly authorised representatives to
attend PCC meetings and act on their behalf.
16. Day-to-day project management may be vested by DOTARS in a Project Manager,
contracted by it, in consultation with a DGCA nominated representative, acting together as
counterparts to ensure the Project is successful.
17. The GOI and the GOA will provide respective inputs as defined in the Project Design
Document, and as set out below and as additionally determined by the PCC.
18.
Inputs provided by the GOA will include, but will not be limited to:
(a)
qualified counterpart advisers and trainers;
(b)
personnel for training workshops, seminars and meetings as required in order to meet
Project requirements set out in the Project Design or determined by the PCC;
(c)
a supporting budget to enable the Australian advisers and trainers to deliver the
program of assistance effectively;
-4-
(d)
travel, accommodation costs and allowances associated with any agreed international
travel, vehicle rental, communications, and any office equipment for GOA personnel
associated with the Project where needed; and
(e)
international travel and accommodation costs for GOI personnel required to travel to
Australia as part of exchange visits agreed under the Project by the PCC.
19.
Inputs provided by the GOI will include, but will not be limited to:
(a)
office space for the Australian advisers to work and basic office equipment;
(b)
assistance with consultations and negotiations;
(c)
assistance with monitoring and evaluation;
(d) reasonable availability of, and access to, existing Civil Aviation Security staff
including their release to participate in project-related activities to allow the Project to
progress smoothly;
(e) reasonable access to office equipment should the Australian inputs not cover all
requirements at peak times;
(£) transport and accommodation costs for participants to attend training courses or
workshops in Jakarta or Denpasar;
(g)
venues for meetings and training courses/workshops; and
(h)
salaries of all GOI personnel associated with the Project.
20. The GOA will meet the costs of salaries, domestic and international travel,
accommodation. vehicle rental and other associated costs of advisers, experts, managers and
training officers selected by it as part of its contribution to the Project.
21 .
The PCC will review any further inputs and decide on apportionment at the time.
22. Equipment supplied under the Project will not be moved to any other locality without
the prior mutual written approval of both executing authorities.
X.
PROJECT REVIEW AND CONSULTATION
23.
Project reviews may be conducted as mutually determined by the two parties.
24. Recognising the obligation of both executing authorities to report periodically on the
Project, both executing authorities will provide reasonable access to information for the
implementation of this Arrangement.
25. The DGCA will acknowledge Australian Government funding of this Project where
appropriate, and advise DOTARS and AusAID of matters relating to any public and media
relations in respect of the Project.
XI.
SETILEMENT OF DIFFERENCES
26. The DGCA, as the executing authority for the GOI and DOTARS, as the executing
authority for the GOA, will not assign their interest in this Arrangement without first
obtaining the consent in writing from each party.
-527. Any differences which may arise relating to the interpretation and application of the
provision of this Arrangement will be settled by means of amicable negotiation and
consultation between the Government of the Republic of Indonesia and the Government of
Australia.
XII. AMENDMENT
28. This Arrangement may be amended at any time by mutual consent of the Parties
including, not limited to, changes to the specific activities and project areas and the
designation of Executing Authorities.
XIII. ENTRY INTO EFFECT, DURATION AND TERMINATION
29. This Arrangement will take effect on the date of signature and will remain in effect for
a period of two years, unless otherwise determined by both Parties.
30. Either Party may terminate this Arrangement by giving the other Party 3 (three) months
written notice of its intention to terminate.
31. The termination of the present Arrangement will not effect the execution of project
activities until their completion.
Signed at Canberra on this the 4th day of April, 2005, in duplicate in the English language.
FOR THE GOVERNMENT OF THE
FOR THE GOVERNMENT OF
REPUBLIC OF INDONESIA
AUSTRALIA
Signed
Signed
CUCUK SURYO SUPROJO
MIKEMRDAK
DIRECTOR GENERAL OF CIVIL
AVIATION
DEPUTY SECRETARY
MINISTRY OF COMMUNICATIONS
DEPARTMENT OF TRANSPORT
AND REGIONAL SERVICES